The Madrid Bar Association (ICAM) will file an administrative and another criminal complaint in relation to the alleged violation of the confidentiality of communications of a member in relation to the disclosure of data in the investigation related to Alberto G. A., partner of the president of the Community of Madrid, Isabel Díaz Ayuso.
In a conference after the Government Board, the dean of Madrid lawyers, Eugenio Ribón, has announced legal actions in defense of Alberto G. A.’s lawyer when the alleged offer of a agreement by this lawyer within the framework of the investigation proceedings related to alleged tax fraud.
“Both complaints seek to identify the perpetrators of these events to determine responsibilities,” stressed the dean of ICAM, who was accompanied by several members of the Governing Board.
Ribón has highlighted that there are two alleged crimes that hinge on the actions of the Madrid Provincial Prosecutor’s Office, such as violation of secrecy and infidelity in the custody of documents.
The dean has stressed that this note represents “an unmitigated violation of article 4 of the Organic Statute of the Public Prosecutor’s Office, which establishes as a general guideline of action respect for the duties of confidentiality and secrecy inherent to the position and the rights of those affected.”
In a statement, the Madrid Bar Association last week described as “extreme seriousness” the alleged revelation of “specific data”, detailing “dates and content of conversations and meetings, all of which produced a breach of the professional secrecy that protects communications.” of lawyers”.
As he recalls, “the Statute of the Legal Profession, approved by Royal Decree 135/2021, in its article 22, establishes without palliatives the duty and right of lawyers to keep secret all communications and proposals related to the exercise of their profession. , thus guaranteeing the trust and protection of the rights of its clients”.
Furthermore, it emphasizes that “the Organic Statute of the Public Prosecutor’s Office, in its article 4.5, highlights the limit of the obligation to inform by the Public Prosecutor’s Office, emphasizing respect for the secrecy of the summary and the inherent duties of confidentiality and discretion. to the position, as well as the rights of those involved”.
“This legal framework underlines the importance of professional secrecy, especially in interactions between prosecutors and lawyers, whether during investigative proceedings or in the course of judicial proceedings,” the statement stated.
In the opinion of ICAM, “the disclosure of any information related to the legal positions or strategies of the parties, without a formalized compliance agreement, constitutes a violation of these basic principles of secrecy, trust and good faith, and puts neutrality at risk. that should characterize the actions of the Public Prosecutor’s Office”.
